Okla. Stat. tit. 27A, § 27A-2-6-103.2

Quality Standards.

A. 1. In order to effectuate a comprehensive program to assist

in the prevention, control and abatement of pollution of the waters

of this state, and in order to establish state standards which

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 123

comply with the Federal Water Pollution Control Act as amended, the

Department of Environmental Quality is authorized to promulgate

rules to be known as “Oklahoma Water Quality Standards” which

establish classifications of uses of waters of the state, criteria

to maintain and protect such classifications, and other standards or

policies pertaining to the quality of such waters.

2. The Oklahoma Water Quality Standards shall, at a minimum, be

designed to maintain and protect the quality of the waters of the

state.

3. Wherever the Department finds it is practical and in the

public interest to do so, the rules may be amended to upgrade and

improve progressively the quality of waters of the state.

4. a. The Department may also amend Oklahoma Water Quality

Standards to downgrade a designated use of any waters

of this state which is not an existing use, may

establish subcategories of a use or may provide for

less stringent criteria or other provisions thereof

only in those limited circumstances permissible under

the Federal Water Pollution Control Act as amended or

federal rules which implement the act.

b. The Department may amend the Oklahoma Water Quality

Standards to downgrade a designated use, establish

subcategories of a use or may provide for less

stringent criteria or other provisions thereof only to

the extent as will maintain or improve the existing

uses and the water quality of the water affected;

provided, however, the Department shall not modify the

Oklahoma Water Quality Standards applicable to scenic

river areas as such areas are described by Section

896.5 of this title, to downgrade a designated use,

establish a subcategory of a use or provide for less

stringent criteria or other provisions thereof.

5. The Department shall propose any necessary rules to allow

for the development of nutrient trading programs by state

environmental agencies no later than November 1, 2026.

B. 1. Prior to adopting such standards or any amendment

thereof, the Department shall conduct public hearings thereon.

Notice of such hearing shall be published in accordance with the

Administrative Procedures Act and shall be mailed at least twenty

(20) days before such public hearing to the chief executive of each

municipality and county in the area affected and shall be mailed to

all affected holders of permits obtained pursuant to the Oklahoma

Environmental Quality Code, and such other persons that have

requested notice of hearings on such standard modifications.

2. If adoption or amendment of a classification to a lower or

downgraded classification is proposed because treatment controls

required of the current or a higher or upgraded classification would

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result in substantial and widespread social and economic impact, the

Department shall, in addition to any hearing required by subsection

B of this section, conduct a public meeting within a central

location within the area to be affected. The Department shall cause

notice of such additional public meeting to be published for at

least two (2) consecutive weeks in a newspaper of general

circulation published in the county or counties in the area

affected.

C. 1. The Oklahoma Water Quality Standards, their accompanying

use support assessment protocols, anti-degradation policy and

implementation, and policies generally affecting Oklahoma Water

Quality Standards application and implementation including, but not

limited to, mixing zones, low flows and variances, except for

variances and site-specific criteria adopted by the Department of
affected.

C. 1. The Oklahoma Water Quality Standards, their accompanying

use support assessment protocols, anti-degradation policy and

implementation, and policies generally affecting Oklahoma Water

Quality Standards application and implementation including, but not

limited to, mixing zones, low flows and variances, except for

variances and site-specific criteria adopted by the Department of

Environmental Quality pursuant to paragraph 18 of subsection B of

Section 1-3-101 of Title 27A of the Oklahoma Statutes, or any

modification or change thereof shall be promulgated by the

Department in compliance with the Administrative Procedures Act and

shall be enforced by all state agencies within the scope of their

jurisdiction. All use support assessment protocols promulgated by

the Department shall be consistent with state and federal law and

guidance specifically related to beneficial use support

determinations as set forth in Section 305(b) of the Federal Water

Pollution Control Act, where applicable.

2. In promulgating Oklahoma Water Quality Standards or making

any modification or change thereof, the Department shall announce a

reasonable time for persons discharging waste into the waters of the

state to comply with such new or modified standards unless such

discharges create an actual or potential hazard to public health.

3. Any discharge in accord with such standards of the

Department and in compliance with all other rules, requirements and

wasteload allocations established by the Department and with rules

promulgated by other state environmental agencies shall not be

deemed to be pollution.

4. Notwithstanding the implementation jurisdiction provided to

the Department in paragraph 1 of subsection C of this section, the

Department of Environmental Quality shall also have jurisdiction to

adopt variances and site-specific criteria and to develop and

utilize policies and requirements, as provided in paragraphs 18 and

22 of subsection B of Section 1-3-101 of Title 27A of the Oklahoma

Statutes.